Terms & Conditions and EULA

Terms & Conditions

Welcome to CoachRecap! These Terms of Use ("Terms") govern your access to and use of our platform, including our website, mobile application, and any related services (collectively, the "Service"). By using CoachRecap, you agree to comply with and be bound by these Terms. If you do not agree, you may not use our Service.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our Service. If you use CoachRecap on behalf of an organization, you confirm that you have the authority to bind that organization to these Terms.

2. Account Registration & Security

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account and password.
• You agree to notify us immediately if you suspect any unauthorized use of your account.

3. Use of the Service

3.1. User Responsibilities

• Users are responsible for ensuring that their use of CoachRecap complies with all applicable laws and regulations in their jurisdiction.
• Users must not use the Service to violate any local, national, or international laws.

3.2. Acceptable Use Policy (AUP)

• Users may not upload, share, or distribute any content that is unlawful, defamatory, obscene, or infringing on intellectual property rights.
• Uploading copyrighted materials without proper authorization is strictly prohibited.
• Any misuse of the Service may result in immediate termination of the account.

3.3. Children's Privacy & Compliance (COPPA/ GDPR-K)

• CoachRecap is not intended for use by children under the age of 13 (or 16 in the EU).
• We do not knowingly collect personal data from children under these ages. If we become aware of such data collection, we will take immediate action to delete the data.

4. Subscription & Billing

• Certain features of CoachRecap require a paid subscription.
• If you subscribe through the Apple App Store or Google Play Store, your payment will be processed by the respective store, and their terms and conditions will apply.
• You are responsible for managing your subscription, including cancellations, through the respective app store.
• CoachRecap complies with the subscription and billing policies of Apple and Google, including renewal terms and refund policies as outlined by those platforms.

5. Privacy & Data Protection

• We collect and process personal data as described in our Privacy Policy.
• You are responsible for ensuring that any data you share complies with applicable privacy laws.

6. Intellectual Property

• All content and technology related to CoachRecap are owned by us or our licensors.
• You may not copy, modify, distribute, or create derivative works from our content without permission.

7. User Content

• You retain ownership of any content you upload.
• By using CoachRecap, you grant us a limited license to use your content to provide the Service.
• You are responsible for ensuring that your content does not violate any laws or third-party rights.

8. Limitation of Liability

8.1 Service Availability & Maintenance

• We strive to keep the Service available at all times but do not guarantee uninterrupted access.
• Temporary downtime may occur due to maintenance, updates, or technical issues beyond our control.
• We are not liable for any losses due to Service unavailability.

8.2 Force Majeure

• We are not responsible for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, cyberattacks, strikes, governmental actions, or failures of telecommunications networks.

9. Termination

• We reserve the right to suspend or terminate your account at our discretion.
• You may stop using the Service at any time, but no refunds will be issued for any remaining subscription period.

10. Changes to These Terms

• We may update these Terms from time to time.
• Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

11. Governing Law & Dispute Resolution

• These Terms are governed by the laws of Belgium.
• Any disputes will be resolved through arbitration or in the courts of Antwerp.

12. Contact Information

If you have any questions about these Terms, please contact us at [email protected]. For app-store related complaints or support, you may also reach us at [email protected] to ensure compliance with Apple and Google policies.

By using CoachRecap, you acknowledge that you have read, understood, and agreed to these Terms.

End User License Agreement (EULA)

Effective Date: 14 February 2025 | Last Updated: 14 February 2025
Developer: Code the Kiwi | Contact: [email protected]

1. Acknowledgment

This EULA is a legal agreement between you ("End-User" or "You") and Code the Kiwi ("We," "Us," "Our") for the CoachRecap mobile application ("App"). This EULA applies only between You and Code the Kiwi, not Apple Inc. ("Apple") or Google LLC ("Google"). By downloading, installing, or using the App, You agree to this EULA. Apple and Google are not responsible for the App and have no obligation to maintain or support it.

2. Scope of License

We grant You a limited, non-exclusive, non-transferable, revocable license to use the App on devices You own or control, per Apple's Usage Rules (Apple Media Services Terms) or Google Play Terms of Service. You may not: copy, modify, reverse-engineer, distribute, sublicense, or use the App unlawfully.

3. Maintenance and Support

We are solely responsible for App support. Apple and Google have no obligation to maintain or update the App. Contact [email protected] for any issues.

4. Warranty Disclaimer

The App is provided "as is" and "as available" without warranties. If the App fails to conform to any warranties, You may request a refund from Apple or Google (if applicable). Apple and Google have no further warranty obligations.

5. Liability Disclaimer

To the maximum extent permitted by law, We, Our affiliates, and licensors: (i) are not liable for any damages (including loss of profits, data, or business interruptions), (ii) do not warrant the App will be error-free, secure, or uninterrupted, and (iii) are not responsible for any issues arising from using the App. By using the App, You assume all risks.

6. Product Claims

Code the Kiwi, not Apple or Google, is responsible for all product claims, including product liability, compliance with legal requirements, and consumer protection laws. Contact [email protected] for claims.

7. Intellectual Property

If any third party claims the App infringes their intellectual property, Code the Kiwi, not Apple or Google, is solely responsible for resolving the claim. The App and its content are owned by Code the Kiwi or Our licensors.

8. Legal Compliance

You represent and warrant that: (i) You are not in a U.S. embargoed country or on any U.S. Government restricted list.

9. Developer Contact

For questions, complaints, or claims, contact [email protected]. For App Store or Google Play complaints, contact [email protected].

10. Third-Party Terms

You must comply with third-party agreements when using the App (e.g., wireless carrier data usage agreements).

11. Third-Party Beneficiary

You agree that Apple, Google, and their subsidiaries are third-party beneficiaries of this EULA and have the right to enforce it.

12. Termination

This EULA remains effective until terminated by You or Us. You may terminate by deleting the App. We may terminate Your license for non-compliance. Upon termination, You must stop using the App.

13. Governing Law & Dispute Resolution

This EULA is governed by Belgian law, and disputes shall be resolved via arbitration or in courts of Antwerp, Belgium.

14. Changes to This EULA

We may update this EULA. Continued use after updates means You accept the revised terms.

15. Contact

For inquiries, contact [email protected]. By using CoachRecap, You acknowledge that You have read, understood, and agreed to this EULA.